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2842 Results

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2018.1.23 Motion to Strike 887
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.23
Excerpt: ...motion to strike the sole cause of action for conversion in the complaint filed by plaintiff John Hanlin is denied. Defendants failed to satisfy their first prong burden of showing that Mr. Hanlin's claim arises from activity protected by the anti‐SLAPP statute. Mr. Hanlin alleges that defendants converted his BMW by wrongfully taking possession of, denying him access to, assuming ownership of, and selling the BMW. Nowhere in the complaint ...
2018.1.23 Motion for Summary Judgment, Adjudication 027
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.23
Excerpt: ...ive motion for summary adjudication is granted as to the eighth cause of action for failure to pay wages upon termination and denied as to other ten causes of action alleged in the first amended complaint filed by plaintiff Gregory Jeloudov. The undisputed facts show that Wells Fargo paid all wages and penalties it owed to Ms. Jeloudov as required by Labor Code 201‐203 and thus Wells Fargo is entitled to summary adjudication in its favor on the...
2018.1.23 Motion for Summary Judgment 047
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.23
Excerpt: ...ructive notice of that dangerous condition. It cannot be determined as a matter of law that the one inch discrepancy in the sidewalk was not a dangerous condition of public property. "In general, '[w]hether a given set of facts and circumstances creates a dangerous condition is usually a question of fact and may only be resolved as a question of law if reasonable minds can come to but one conclusion.'" (Peterson v. San Francisco C...
2018.1.23 Motion to Amend Complaint, to Seek Punitive Damages 131
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.23
Excerpt: ...nd to seek punitive damages is granted on the following conditions: 1) Mr. Pankonin must provide code‐compliant verified responses without any objections other than privilege no later than February 6, 2018 to the following deem‐served discovery: a) state all facts that support each of the new allegations and all previously existing allegations against the new defendants; b) identify and provide full contact information for each person who kno...
2018.1.22 Motion for Summary Judgment, Adjudication 772
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.22
Excerpt: ...or summary judgement is GRANTED. Defendants satisfied their summary judgment burden by presenting evidence that plaintiff Richard Thomas is unable to prove either of his claims for intentional tort (trespass to real property) or negligence and plaintiff Richard Thomas has not presented any evidence creating a triable issue as to either of his claims. Strictly construing defendants' evidence and liberally construing Mr. Thomas' evidence fa...
2018.1.22 Demurrer 961
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.22
Excerpt: ... leave to amend as to all six causes of action. Per Public Utilities Code 1759(a), this court lacks jurisdiction to entertain this action. The parties are familiar with the three‐part test used to determine whether a superior court lacks jurisdiction to hear an action against a utility regulated by the California Public Utilities Commission. The first element of that test is satisfied because the California Constitution gives the CPUC broad aut...
2018.1.22 Demurrer 137
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.22
Excerpt: ...is SUSTAINED without leave to amend to the first through third causes of action for violation of FEHA and the seventh cause of action for breach of the covenant of good faith and fair dealing and SUSTAINED with twenty days leave to amend as to the fourth cause of action harassment and retaliation in violation of public policy, the fifth cause of action for violation of Labor Code 1102.5 and the sixth cause of action for intentional infliction of ...
2018.1.19 Motion to Compel Production of Docs, Further Responses 701
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.19
Excerpt: ...equest For Production Of Documents, Set One, Against Defendants Unum Group And Provident Life & Accident Insurance Company Pro Tem Judge Aaron Minnis, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Ju...
2018.1.19 Motion for Summary Adjudication 668
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.19
Excerpt: ...does not clearly state that he and/or Argoz, Inc. intended to perform when the promises were made. Defendants' undisputed facts 1-68 do not directly address Argoz's/Soha's intent when the contract was executed. Second, a court can deny summary adjudication where a party's state of mind is at issue. (See CCP 437c(e).) Third, while the increase of plaintiff's salary to $170,000 per year indicates a willingness to perform, Mr. So...
2018.1.19 Demurrer 907
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.19
Excerpt: ...he alleged conduct; it is not limited to "creation of a fake account." Second (Penal Code 502): OVERRULED; the statutory language is broad enough to encompass the alleged conduct. The statute defines "data" expansively and Plaintiff may be able to prove he had an ownership interest in, e.g., his login credentials. Third (Invasion of Privacy): OVERRULED; Plaintiff has adequately pled illicit use by Defendants of his logon credentia...
2018.1.19 Demurrer 477
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.19
Excerpt: ...ation in the third amended complaint filed by plaintiffs OVERRULED. Plaintiffs are intended third‐party beneficiaries to the contracts entered between Cypress and Department of General Services. Gov't Code ? 19134 requires fair compensation and benefits for individuals such as the plaintiffs. Plaintiffs have alleged sufficient facts for each causes of action at issue. Cypress is inappropriately seeking to have the Court reach the merits of ...
2018.1.18 Motion to Compel Further Responses 512
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.18
Excerpt: ... a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same aut...
2018.1.18 Demurrer 964
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.18
Excerpt: ...sconduct of defendant Daryl Luppino. Although now quite old as tort precedents go, Fields V. Sanders (1947) 29 Cal. 2d 834 and Pritchard v. Gilbert (1951) 107 Cal. App. 2d 1 have never been overruled or criticized by a published California decision, have been cited approvingly by the California Supreme Court in the "modern era" of tort law (Farmers Insurance Group v. County of Santa Clara (1995) 11 Cal 4th 992, 1005‐6) and are on‐poin...
2018.1.18 Motion to Vacate 660
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.18
Excerpt: ...tion efforts. Plaintiff Lenny Semis is required to pay $1590 to Mr. Berger. Because plaintiff Lenny Semis's conduct in failing to file a motion to vacate the fees judgment constitutes frivolous conduct per CCP 128.5, Mr. Berger is entitled to the reasonable fees and costs he incurred in bringing this motion. The amount sought by Mr. Berger far exceeds what is reasonable for this very simple motion. The high end of reasonable for this motion i...
2018.1.18 Motion to Require Bond 198
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.18
Excerpt: ...omplaint alleges that Mr. Fields committed various acts of fraud, yet Mr. Fields did not deny that he committed fraud nor did he provide any evidence showing that he didn't commit fraud. Mr. Fields' evidence focuses on the liability of his former company, rather on his own liability. Mr. Fields' "belief" that "there is no basis" for any of Mr. Wescott's claims does not negate the allegations of fraud against him. A...
2018.1.18 Motion to Strike 964
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.18
Excerpt: ...ge ultimate facts showing corporate employer liability for punitive damages per Civil Code 3294(b). If plaintiffs' discovery or factual investigation reveals such ultimate facts, plaintiffs may file a motion to amend seeking to reinstate their prayer for punitive damages against Sunset Scavenger. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without a...
2018.1.17 Petition to Compel Arbitration 977
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.17
Excerpt: ...dent. The November 7, 2016 email sent by Ms. Strong's attorney does not constitute a formal institution of arbitration proceedings per Insurance Code 12580.2(i)(1)(C). Insurance Code 12580.2(i)(3) provides that this court, not an arbitrator, decides whether the doctrine of equitable estoppel excuses Ms. Strong's noncompliance with section 12580.2(i)(1). Even considering the facts submitted with the reply papers, Ms. Strong failed to show ...
2018.1.17 Motion for Leave to File Complaint 211
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.17
Excerpt: ...ick Mcnerney As Does 1 And 101 DENIED. Plaintiff fails to present facts to show that it was ignorant of any claims it had against Mr. McNerney at the time the complaint was filed nor does plaintiff identify any ultimate facts showing that Mr. McNerney is the alter ego of any of the builder defendants. While leave to amend is liberally granted, a DOE amendment must be denied if there is an insufficient showing of ignorance per CCP 474 and/or the a...
2018.1.16 Motion to Dismiss 591
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.16
Excerpt: ...ly permits dismissal of the lawsuit when there has been a showing that there was unreasonable or prejudicial delay by the plaintiff. Ms. Ladin has not shown either unreasonable or prejudicial delay. Plaintiff Bank of the West provided a satisfactory explanation for the delay. Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) o...
2018.1.16 Motion to Compel Compliance with Responses, Request for Sanctions 711
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.16
Excerpt: ...ance With Responses To Request For Production Of Documents, Set One; And Request For Sanctions Against Denise Li Plaintiff Bay City View, LLC's motion to compel defendant Denise Li's compliance with responses to request for production of document set one and request for monetary sanctions is denied in its entirety and Denise Li is awarded sanctions of $540 against Bay City View to be paid by January 31, 2018. The court adopts in full the ...
2018.1.16 Motion to Approve Auction Notice 378
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.16
Excerpt: ...must be deleted: "Eng contends that he holds 70% interest in Lombard Flats, LLC as of July 19, 2015. Eng's interest is contested." The following sentences must be added: "There is considerable doubt and uncertainty regarding the percentage interest, if any, in Lombard Flats, LLC that is held by Eng that is subject to this sale. There have been numerous conflicting or arguably conflicting contentions about this issue that have been...
2018.1.16 Motion to Amend Complaint 313
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.16
Excerpt: ...ames For Fictitious Names Plaintiff Harleysville Lake States Insurance Company's motion to amend complaint to substitute true names for Does 1‐3 is denied without prejudice to refiling if it can remedy the deficiencies in its motion papers. Harleysville fails to provide any facts, as opposed to conclusions, that support its contention that "Upon recent investigation ? Plaintiff has become aware of the need to amend its Complaint" to...
2018.1.16 Motion for Summary Judgment 391
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.16
Excerpt: ...engineer exercising discretion and the approval was reasonable. The declaration of the plaintiffs' expert contradicting the reasonableness of the approval is insufficient to defeat immunity. Plaintiffs failed to identify any change in physical conditions after the design approval and before the incident that rendered the design dangerous. Any party who contests a tentative ruling must send an email to [email protected] with a copy to ...
2018.1.16 Motion for Summary Judgment 053
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.16
Excerpt: ... summary adjudication is granted as to the fourth cause of action for race harassment and denied as to the first through third causes of action for race discrimination. There is a triable dispute whether the termination of plaintiff Leticia Dixon's employment was substantially motivated by discriminatory animus against Ms. Dixon. A reasonable juror could find in favor of Ms. Dixon on her discrimination claims based on: 1) Defendant Kathleen K...
2018.1.2 Demurrer 476
Location: San Francisco
Judge: Department 302
Hearing Date: 2018.1.2
Excerpt: ...laint with leave to amend. The Court sustains defendant's demurrer to the seventh cause of action without leave to amend. As to the sixth cause of action, Plaintiff fails to plead specific facts sufficient to establish the elements of fraud. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184; Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.) The complaint lacks particularized facts showing that Defendant did not intend to perform t...

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